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Home My WebLink About2. DRAFT MINUTES 03/17/2009 CALL TO ORDER ROLL CALL PLEDGE INVOCATION MINUTES APPROVE BILLS AND FINANCIALS MAYOR'S REPORT RESOLUTION ACKNOWLEDGING THE CONTRIBUTIONS OF CAROLYN H. KRAUSE RES 06-09 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT March 17,2009 Mayor Wilks called the meeting to order at 7: 1 0 p. m. Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steve Polit Trustee Michael Zadel PLEDGE OF ALLEGIANCE Trustee Matuszak led the Pledge of Allegiance. INVOCATION Mayor Wilks gave the Invocation. APPROVAL OF MINUTES Trustee Korn, seconded by Trustee Zadel, moved to approve the minutes of the regular meeting held March 3, 2009. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. APPROVE BILLS AND FINANCIALS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS AND FINANCIALS" was noted by an asterisk, and unless there was a request to remove an item(s), all items further listed in that manner would be considered with one (1) vote, as business item "IX. CONSENT AGENDA. MAYOR'S REPORT Retired State Representative and former Mayor of Mount Prospect, Carolyn H. Krause was honored for her distinguished public service career which spanned over thirty-five (35) years. Mayor Wilks read and presented Ms. Krause with a State of Illinois Certificate of Appreciation and a letter from State Representative Mark Walker. She then presented a Resolution acknowledging the Contributions of Carolyn H. Krause to the Village of Mount Prospect and the 66th District of Illinois. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Resolution No. 06-09: A RESOLUTION ACKNOWLEDGING THE CONTRIBUTIONS OF CAROLYN H. KRAUSE TO THE VILLAGE OF MOUNT PROSPECT AND THE 66TH DISTRICT OF ILLINOIS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Po lit, Wilks, Zadel Nays: None Motion carried. Arlington Heights Mayor Arlene Mulder presented a proclamation to recognize Ms. Krause and her many contributions that benefitted the Village of Arlington Heights. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 1 of 9 March 17, 2009 SEXUAL ASSAULT AWARENESS MONTH APPOINTMENTS CITIZENS TO BE HEARD CONSENT AGENDA BILLS & FINANCIALS Mayor Wilks and each member of the Village Board expressed their appreciation to Ms. Krause for her many contributions to the State, District 66 and the Village of Mount Prospect. The Mayor and Village Board also recognized Ms. Krause for the many qualities that made her an outstanding leader and representative for those she was elected to serve. Her integrity, honesty and commitment to open government have been an inspiration to many. Stating the honor was all hers, Ms. Krause thanked everyone for the opportunity to serve the . residents of Mount Prospect and District 66. She openly thanked those in attendance as well as the individuals who attended the reception held prior to the meeting; many of whom she worked with during her years in public office. Ms. Krause stated public service is an honorable profession and her service in local government holds a special place in her heart. Ms. Krause also thanked the League of Women Voters (LWV) for coordinating tonight's events held in her honor with the Village. She recognized the LWV for its outstanding work and expressed her appreciation of the local organization. Mayor Wilks presented a proclamation, "Sexual Assault Awareness Month," April 2009. The proclamation was accepted by Ms. Susan Sommers, Northwest Center Against Sexual Assault (CASA). Ms. Sommers thanked the Village for supporting CASA's efforts to eliminate sexual violence and the organization's public education efforts on what can be done to prevent sexual assault and acts of violence. APPOINTMENTS None. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Mr. Mal Holec 927 Quince Lane Mr. Holec addressed the Village Board regarding the status of the Levee 37 project. He was unclear as to why the project had begun; it was his understanding the project was not to begin until all negotiations were finalized. Mayor Wilks stated that initially the project did include negotiations with Lake County for water storage along Buffalo Creek, however, an alternate site for the required water storage along Buffalo Creek was approved. The new site is on Wheeling Park District property; the park district has given approval and negotiations are under way. With the condition that negotiations are finalized prior to completion of the Levee 37 the project was allowed to move forward. Juliet Pereira, President Mount Prospect Jaycees, requested Village Board approval to waive the permit fee for the Jaycee's Carnival to be held May 20-25, 2009 at the Mount Prospect Plaza. Trustee Hoefert, seconded by Trustee Zadel, moved for approval to waive the permit fee for the Mount Prospect Jaycee's Carnival, May 20-25, 2009. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel None Motion carried. CONSENT AGENDA Trustee Hoefert, seconded by Trustee Polit, moved to approve the following business items: 1. Bills dated March 1 - 11, 2009 2. Financial Report dated February 1 - 28, 2009 Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 2 of 9 March 17,2009 RES 07-09 OLD BUSINESS NEW BUSINESS PZ-29-08, 501 MIDWAY DRIVE, NIAGARA EDUCATIONAL SERVICES, INC. CONDITIONAL USE 3. A RESOLUTION AUTHORIZING APPROVAL OF THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None OLD BUSINESS None. NEW BUSINESS Mayor Wilks presented PZ-29-08, 501 Midway Drive, Niagara Educational Services, Inc. An ordinance granting a Conditional Use permit to operate a community center and school at Niagara Educational Services located at 501 Midway Drive. The Planning and Zoning Commission recommended approval of the Conditional Use permit by a vote of 6 - O. Community Development Director William Cooney provided background information stating the Petitioner previously obtained a Conditional Use permit to a operate a community center in 2004 and a second (2nd) Conditional Use permit to operate a community center and school in 2007; however, improvements for both projects were not completed and the Conditional Use permits expired. Due to the expiration of the previous approvals and proposed changes to the project, the Petitioner is required to obtain approval from the Village Board for a new Conditional Use permit. The community center and school would offer the same services and events as the Conditional Use permit approved in 2007; however, modifications to the site plan and interior layout have been made. The community center would occupy approximately 60% of the building while the proposed school would occupy 40%. The school's area increased by 11,115 square feet from the Conditional Use permit approved in 2007 with the addition of a second level of classrooms. Mr. Cooney stated that based on the number of parking spaces provided on the property, occupancy of the school is restricted and as a condition of the permit enrollment records must be submitted to the Village on an annual basis or upon request. The site currently has five spaces over and above the required parking spaces. Mr. Cooney also stated the concerns raised by the adjacent business located at 500 Midway Drive were satisfactorily addressed at the Planning and Zoning public hearing. Villaqe Board Comments/Questions . Why project remains unfinished - 3rd Conditional Use permit request (would be reluctant to issue 4th) · Is the project ready to move forward and anticipated date of completion. · Questioned parking requirements/usage · Transportation of students Mr. Serkan Aykan, Petitioner, was in attendance and responded to questions from the Village Board. . Since issuance of the 2nd Conditional Use permit in 2007 the organization has been working with an architect on modifications that increased the size of the school. No work was done during this process. . If the Conditional Use permit is approved work on the project will begin within two months. Niagara has the finances to complete the project; anticipate completion of project to be one (1) year. · Most students will be transported by parents; small bus (7-8) passengers to accommodate students from multi-family settings. He stated the parking lot will only be used for parking - no outside activities. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 3 of 9 March 17, 2009 In response to questions regarding parking requirements Mr. Cooney stated parking is driven by the number of students. If there is a change in the number of students, parking revisions would need the approval of the Village Board. Mr. Cooney also stated the Village is able to track the project's progress through the permit process and required inspections. Mayor Wilks stated the proposed ordinance granting a Conditional Use permit would be held for a second reading at the April 8, 2009 Village Board meeting. Pl-07-09, 916 SOUTH OWEN STREET Mayor Wilks presented Pl-07-09, 916 South Owen Street, Mr. Yogi Patel, Petitioner. An ordinance granting a variation to allow a three (3) foot side yard setback along the north lot line of property located at 916 South Owen Street. The Planning and loning Commission has recommended by a vote of 5-1 to deny the request; adoption of the ordinance requires a super majority vote for approval. SIDE YARD SETBACK VARIATION Mr. Cooney provided background information stating the Petitioner proposes to construct a building addition on the north side of the home to enlarge the existing one (1) car garage to a two (2) car garage and to add a laundry room. The proposed addition would encroach into the interior side yard by 3.6 feet. The Petitioner is seeking a Variation to allow a three (3) foot side yard setback along the north lot line; the Village Code requires a 6.6 side yard. Mr. Patel was in attendance and responded to questions from the Village Board regarding the request for a variation. Mr. Patel stated the request for the two (2) car garage is to accommodate his elderly parents. His current neighbor is okay with proposal. He would accept a 4-5 foot set back if it allows for a full two (2) car garage. Villaqe Board Comments/Questions · Other options to consider - build detached two (2) car garage in rear yard or tandem garage · Not supportive of property owners building up to lot line · Request does not meet definition of hardship for variance to be granted · Understand reasons for request - encouraged Mr. Patel to work with his architect to develop a plan that complies with Village Code Mayor Wilks informed Mr. Patel that based on the comments from the Village Board it was unlikely the request for the Variation for the side yard setback would be approved. She offered Mr. Patel the option of; (1) hold ordinance for a second (2nd) reading on April 8, 2009 or (2) request the rule requiring two (2) readings of the ordinance be waive which allows the Village Board to vote on the request at this meeting. Mr. Patel indicated he would like the Village Board to render a decision this evening, and requested the rule requiring two (2) readings of the ordinance be waived. Trustee Hoefert, seconded by Trustee ladel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, ladel Nays: None Motion carried. Trustee Korn, seconded by Trustee ladel, moved for approval of: AN ORDINANCE GRANTING VARIATION (SIDE YARD SETBACK) FOR PROPERTY LOCATED AT 916 SOUTH OWEN STREET Upon roll call: Ayes: Nays: Motion denied. None Hoefert, Juracek, Korn, Matuszak, Po lit, ladel Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 4 of 9 March 17, 2009 PZ-05-09,800 NORTH RIVER ROAD Mayor Wilks presented PZ-05-09, 800 North River Road, Kenneth Brandeis - Jakl Brandeis Architects. An ordinance granting a Conditional Use permit for a drive through and variation for parking to develop the subject property from a car wash to a commercial multi-tenant building located at 800 North River Road. The Planning and Zoning Commission has recommended by a vote of 4-2 to deny the request; adoption of the ordinance requires a super majority vote for approval. CONDITIONAL USE AND VARIATION Mr. Cooney provided background information stating the Petitioner proposes to redevelop the site from a car wash to a commercial multi-tenant building. The existing car wash structure would be reduced in size and enclosed to include three (3) retail spaces and one (1) drive through restaurant on the east end. The Petitioner seeks approval of a Conditional Use permit for a drive through and a Variation to reduce the number of required parking spaces from nineteen (19) to eighteen for the property. Mr. Cooney stated residents from the adjacent McDonald Creek Condominiums have concerns regarding the proposed redevelopment and submitted a petition in opposition of the proposed project. Mr. Jesse Fojo, property owner, responded to questions from the Village Board regarding the proposed redevelopment. . The car wash is no longer financially viable - need to change to make best use of property. . Has not secured occupancy of proposed restauranUretail site. Waiting until approval of Village Board to move forward. Restaurant will be some type of sandwich shop. · Drive through is important to project - less impact on parking. . Square footage of individual stores dependent on number of tenants; one (1) store or subdivided. At the request of Mr. Fojo, Mayor Wilks gave him a copy of the Petition submitted by the McDonald Creek Condominium residents. Residents from McDonald Creek Condominiums and a list of their collective concerns/ comments follow: Jennifer Delisle 814 North River Road Bridget Mukite 804 North River Road . The proposed restaurant with drive through is primary source of concern; (1) noise from drive through (2) smell from food (3) garbage/debris (4) parking. · Questioned hours of operation - concerned with late night service · Concerned patrons will use their parking lot - already have problem with patrons of other local establishments · Residents would be more accepting if drive through was eliminated Villaqe Board Comments/Questions · No issues with drainage or lighting · Condominium parking lot cannot be accessed from proposed redevelopment site . late night activity concerns are valid - consider restricting hours of operation · Technology available that controls noise level from drive through speaker . This property owner should not have his property impacted because of problems with bars in the area . Requested the Petitioner to address the following issues for discussion at the second reading of the ordinance: (1) how food smells will be managed (2) how speaker noise will be managed (3) parking (4) hours of operation and (5) containment of garbage. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 5 of 9 March 17, 2009 AMEND CHAPTER 9 (PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS) OF THE VILLAGE CODE · May recommend additional conditions to permit specific to speaker noise and hours of operation. Mayor Wilks stated the ordinance would be held for a second (2) reading at the April 8, 2009 Village Board meeting. Mayor Wilks called for a recess at 9:28 p.m. Mayor Wilks reconvened the meeting at 9:33 a.m. Mayor Wilks presented for a first reading an ordinance to amend Chapter 9 (Public Utilities, Pavement and Tree Regulations) of the Village Code. She also noted that approval of the ordinance does not require a super majority vote as indicated on the agenda. Assistant Village Manager Dave Strahl provided background information stating this ordinance will require utility companies that seek to install underground conduits or facilities in Village rights-of-way utilizing trench less technologies, such as directional boring to perform post-construction closed-circuit television inspections of encroached or bisected sewer. The purpose of this requirement is to detect construction related damage to sewer mains in a timely manner. Mr. Strahl related the incident that occurred at Pine and Central Road when the boring went through a major water main that had to be replaced. In response to questions from the Village Board Mr. Strahl stated: · For the most part, the post-construction televising requirement has been well received by utilities and contractors; high rate of compliance. · The televising requirement is specific to underground facilities crossing (within ten feet (10') Village owned sanitary and storm sewer facilities. · The Public Works Department has video of the preconstruction condition of Village facilities. Village Manager Janonis stated the ordinance allows 90 days after the work is completed to do the televising. He also stated the ordinance was revised to require the televising be performed on storm and sanitary sewer facilities rather than all Village owned facilities. Villaqe Board Comments · Safety and financial issues when damaged lines are not discovered/repaired on timely basis · Rebuilds/replacements of facilities are expensive · Televising requirements of storm and sanitary facilities are warranted Resident Comments Mr. William Wallace 2007 Hopi · Questioned whether the ordinance also applies to residents with Citizens Utilities water service - [Village Manager Janonis stated it would apply to the storm water sewers as they are owned by the Village but not the sanitary sewers; the sanitary sewers are owned and maintained by Citizens Utilities. · Approximately 10 years ago AT&T ripped up pipe (pipe is still there) behind his property - questioned who was responsible for repair [Village Manager Janonis stated Village staff will inspect and do follow-up] Trustee Hoefert, seconded by Trustee Matuszak, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 6 of 9 March 17, 2009 ORD 5728 VILLAGE MANAGER'S REPORT LEOPARDO COMPANIES GUARANTEED MAXIMUM PRICE (GMP) PHASE I PROJECTS Trustee Hoefert, seconded by Trustee Korn, moved for approval of Ordinance No. 5728: AN ORDINANCE TO AMEND CHAPTER 9 (PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS) OF THE VILLAGE CODE Upon roll call: Ayes: Nays: Motion carried Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel None VILLAGE MANAGER'S REPORT Village Manager Janonis stated the Fire Department had two (2) requests for Village Board approval for Phase I projects (1) Leopardo Construction Companies Guaranteed Maximum Price (GMP) for construction of Phase I projects, which will move the projects into the construction phase in an amount not to exceed $11,925,713 and (2) SRBL Architects - Final Fee payment in an amount not to exceed $1,195,557. Fire Chief Mike Figolah provided background information stating that as the Construction Manager for the Phase I Projects, Leopardo Companies was tasked with reviewing the architect's drawings and specifications, maintaining the construction budgets, preparing scope of work documents, bid packages and ultimately developing a "Guaranteed Maximum Price (GMP)" for the proposed construction projects. Leopardo has presented a GMP for the Phase I projects of $11,925,713. The costs for the individual projects are: 1) FireStation#14- $7,707,130 2) Modifications at Public Works $2,502,597 3) Emergency Operations Center $1,715,986 The GMP includes the labor, material and miscellaneous equipment costs required to complete the construction work for the three (3) projects. Fire Chief Figolah stated Phase I project costs are an additional $2,474,287 bringing the total cost of the Phase I projects to $14.4 million. Fire Chief Figolah requested Village Board approval of Leopardo's GMP of $11,925,713, allowing the Phase I projects to move into the construction phase. He stated Mr. Jim Novak, Leopardo Construction Manager and Public Works Director Glen Andler were also in attendance to respond to questions. Mr. Novak responded to questions from the Village Board regarding the GMP process with the following information: · 99% of the time the GMP is less than original cost · Savings to the Village and Leopardo · Project has not been put out for bid to sub-contractors - Leopardo has sought assistance with cost estimates Village Manager Janonis stated Mr. Novak has assisted the Village in reducing costs with a focus on a better product at the best price. Staff continue to work with Mr. Novak in bringing costs down. Residents from the area and a list of their collective concerns! comments follow: Mr. Mike Brown 2005 Hopi Lane Mr. William Wallace 2007 Hopi Lane Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 7 of 9 March 17, 2009 PHASE I PROJECTS - FINAL ARCHITECTURAL PAYMENT Ms. Kathy Dyre 1615 Linden Lane · Original price range for Fire Station #14 was 5 to 6 million dollars; now cost is up 1 million dollars from the high end of the range. · Residents not informed when zoning requests for Fire Station #14 were brought before the Village Board. · Fire Station #14 needs to be replaced but questioned the size; feels 20,000 square foot facility is not warranted. Proposed Fire Station in Des Plaines much smaller. · Response time is critical - Fire Department emergency response to her family home has always been within 3-4 minutes. Fire Chief Figolah stated the increased cost to Fire Station #14 was primarily due to modifications to the station's design; a safety factor that added 1500 square. The original design had the bunk room on the second floor, however, response time in emergency situations is critical and relocating the bunk room to the 1 st floor will reduce response time by 20-25 seconds. Fire Chief Figolah added that the original estimate was over two (2) years old, since that time costs in the construction industry have increased. VillaQe Board Comments/Questions · All decisions made by the Village Board regarding this project have been done in public forum. Public notification given for all open meetings. · Decision to relocate bunk room to 1st floor was discussed and approved by the Village Board. · Needs assessment was conducted as part of planning process for this project; building designed to meet current and long term needs - every square foot is accounted for. · Proposed Des Plaines Fire Station - cannot do an apples to apples comparison [Des Plaines fire station no longer scheduled for construction] · GMP is the most efficient business practice · Confirmed with Chief Figolah that there have been no additional changes to floor plan Trustee Hoefert, seconded by Trustee ladel, moved for approval to accept Leopardo Construction Companies Guaranteed Maximum Price (GMP) for construction of Phase I projects, which will move the projects into the construction phase in an amount not to exceed $11,925,713. Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, ladel None Fire Chief Figolah stated the final total payment of $1,195,557 to SRBL includes the cost of fixed fees, lump sum payment, additional LEED design and commissioning costs, as well as the furnishing design fee. Village Manager Janonis stated the architectural fees are already included in the original budgeted amount for the projects. Fire Chief Figolah responded to questions from the Village Board with the following information: · LEEDS - costs associated with LEEDS Designs are reimbursable · Projects are on track to obtain LEEDS certification - potential for $150,000 grant Trustee Hoefert, seconded by Trustee Juracek, moved for approval of final architectural fee payment to SRBL for Phase I projects in an amount not to exceed $1,195,557. Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, ladel None Page 8 of 9 Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect March 17, 2009 Village Manager Janonis announced the following community events: Saturday March 21st · Candidates Forum 9:00 am - Noon Village Hall Board Room · Disability Fair 10:00 am - 1 :00 pm Village Hall Community Center · Ground Breaking 3:00 pm Fire Station #14 Thursday April 9th · Citizens Utility Board 10:00 am Clinic - Analysis of Telephone Bills Village Hall OTHER BUSINESS OTHER BUSINESS None. CLOSED SESSION CLOSED SESSION Mayor Wilks asked for a motion to enter Closed Session to discuss Litigation 5 ILCS 120/2 (c) (11) - Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Trustee Zadel, seconded by Trustee Po lit, moved to meet in Closed Session to discuss Litigation ILCS 5120/2 (c) (11. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 10:40 p.m. ADJOURN ADJOURN The Village Board reconvened in Open Session at 10:55 p.m; there being no further business to discuss the March 17,2009 Village Board meeting adjourned at 10:56 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 9 of 9 March 17, 2009